Extracted from the PDF above. The PDF is authoritative.
06.05.2025 Sl.No. 11 Ct. 32 Amalranjan In The High Court At Calcutta Criminal Revisional Jurisdiction Appellate Side CRR 771 of 2018 Parul Bala Mondal Vs. Asit Mondal & ors. Mr. Tilak Mitra Mr. Soumon Nanda…….for the petitioner Mr. Jewel Chanda Mr. Kaushik Ghosh Mr. Rejaul Mistry………….for the o.p. nos. 1 & 2
1. This is an application filed under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 challenging the Judgment and Order dated 25th January, 2018 passed by the Learned Additional Sessions Judge, Fast Track 1st Court, Alipore, 24 Parganas (South) in Criminal Appeal No. 183 of 2017 (Asit Mondal Vs. Parul Bala Mondal) whereby the Learned Judge reduced the quantum of maintenance from Rs. 8,000/- to Rs. 6,000/-. The Learned Trial Court had earlier awarded interim maintenance to the tune of Rs. 8,000/- on 29.07.2017 in Case No. AC 1511 of 2016 under Section 23 of the Domestic Violence Act, 2005 which is pending before the Learned 2nd Judicial Magistrate at Alipore for final disposal.
2. In course of hearing, it is submitted by the learned advocates for the parties that the main application may be disposed of by the Learned Trial Court as expeditiously.
3. From the perusal of the impugned Judgment and Order, I do not find any reason to interfere with the findings of the learned Judge. Furthermore, it would be appropriate to dispose of this case giving certain directions to the Learned Trial Court, so that the final application may be
disposed of on merit and on considering the actual income and liabilities of the opposite party no. 2 and in consonance with the judgment passed by the Hon’ble Supreme Court in Rajnesh Vs. Neha and Another1.
4. Considering the above facts, the present revisional application is disposed of with a direction to the Learned Trial Court to dispose of the main application filed under Section 23 of the Domestic Violence Act, 2005 as amended thereof at earliest and come to a final conclusion independently and in accordance with law as the applicant before the Learned Trial Court is mother of the petitioner herein.
5. In the meantime, the opposite party shall continue to pay the interim maintenance as awarded by the learned Judge in Criminal Appeal no. 183 of 2017 without fail, in default, opposite party no. 2 is at liberty to file execution case. 1 (2021) 2 SCC 324 2
6. Accordingly, CRR 771 of 2018 is, thus, disposed of with the above observations.
7. Consequently, connected application, if any, is also
disposed of.
8. Interim order, if any, stands vacated.
9. Let the order be communicated to the Ld. Court below for information and compliance.
10. All parties shall act in terms of the copy of this order downloaded from the official website of this court.
11. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties taking all legal formalities. ( Ajay Kumar Gupta, J. ) 3